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INFORMATION 



AND 



ESTIMATES 



RELATING TO 



FOREIGN PATENTS 



BY H. HOWSON. 




100/ 






PUBLISHED AT '<> of ty asr nf\S?f 

THE UNITED STATES 

AND 

EUROPEAN PATENT OFFICES, 

Forrest Place, 123^ South Fourth Street, 

PHILADELPHIA. 



<>* 



Entered, according to Act of Congress, in the year 18G6, by 

HENRY II W S N , 

in the Clerk's Office of the U. S. District Court in and for the Eastern District of 

Pennsylvania. 









INDEX. 



INTRODUCTION: 

Preparation of papers for Foreign Patents, . 
Foreign Agents, . . . 

Sale of Foreign Patents, .... 

Charges for Foreign Patents, .... 
Prudential steps in applying for Foreign Patents, 



PAGE . 

5 to 14 

9 

9 
10 
10 
12 



ESTIMATES AND PARTICULARS RELATING TO 



Patents 


in AUSTRIA, 




22 


ii 


" Baden, .... 




35 


i. 


" BAVARIA, 


.... 


32 


u 


" BELGIUM, . 


. . . 


20 


a 






3G 


u 


" FRANCE, ' 


.... 


18 


a 


" GREAT BRITAIN AND IRELAND, 


15 


a. 


' " France 


and Belgium, siraul- 






taneous Patents in, . 


22 


a 


" Hanover, 


. 


33 


u 


' HOLLAND AND DUTCH 


WEST INDIES, . 


21&25 


.i 


" ITALY, 




27 


a 


' Norway, .... 




30 


(( 


" Poland, 


. 


27 


tt 


" Portugal. .... 


V 


39 


a 


' PRUSSIA, . 




31 


a 


' RUSSIA, 




20 


if 


' Saxony, 


. 


34 


u 


£ Sweden and Norway, 


. 


35 


u 


' Sweden, 


. . . 


35 


a. 


' SPAIN AND CUBA, 


. 


37 & 38 


Li 


1 Wurtemburg, 




34 


a 


" Zollverein — Convention ol 

3 




29 





PAGE. 


Patents in Colonies — British, ..... 


40 & 41 


" " " Cape of Good Hope, . 


. 41 


" « INDIA . 


*1 


" VICTORIA (Australia), 


. 40 


" " " SPANISH-CUBA, . . ' . 


38 


" " " Dutch West Indies, 


. 25 


" " Mexico, ....... 


41 


" SOUTH AMERICAN STATES, 


. 42 & 43 


': " Argentine Confederation, 


43 


u u Brazil, ..... 


. 42 


" " Chili, 


42 


" " New Grenada,. 


. 42 


" " Paraguay, . ... 


43 


" " Peru, ..... 


42 


CERTIFICATES AND REFERENCES, 


44 to 48 



nirotmciion. 



It is believed that the following pages present the 
first effort made in this country to combine with the 
merely business character of a circular relating to Foreign 
Patents, the more valuable properties of a hand-book, 
explanatory of the various laws by which these patents 
are regulated. 

It appears to have been the general but very ques- 
tionable policy of patent solicitors to give to inventors 
as small a share as possible of knowledge upon the 
subject of foreign patents, and to hide all transactions 
relating thereto beneath a cloak of mystery. 

The writer does not see either the necessity or pro- 
priety of such concealment, while he does perceive that 
its policy may not unreasonably be suspected of origi- 
nating in a want either of integrity or of knowledge. 

In this circular, therefore, he has included summaries 
of the various foreign patent laws — summaries necessa- 
rily short, but yet sufficiently full to impart to inventors 
a fair knowledge of the rights and duties attaching to 
patents granted under those laws. 

While it is true that American ingenuity enjoys a high 
reputation abroad, it is no less true, that in too many 

5 



6 

instances the inventors who have earned this reputation 
do not enjoy its legitimate fruits. 

This is attributable partly to neglect to take due 
advantage of foreign patent laws, and partly to the fact, 
that either through the excusable ignorance of inventors 
themselves, or through the culpable incompetency of 
professed patent agents, foreign patents, when obtained, 
often prove worthless, and the money expended upon 
them a waste. 

Inventors labor under many errors of a character 
most fatal to their interests abroad, and are being con- 
tinually confirmed in these errors by the public and 
private bad advice of persons assuming to be competent 
authorities upon the subject. 

As an instance of these errors may be cited the gen- 
eral delusion, that in applying for British patents, it is 
merely necessary for the inventor, or his agent, to send 
a copy of the American patent or specification to some 
London patent solicitor. 

The evil results of such a course will be understood, 
when it is borne in mind that the specifications of 
English and other foreign patents are, or rather should 
be, very different documents from those required in this 
country, and that an invention with a variety of modifi- 
cations which would require separate United States 
patents, can be included in one English patent, if the 
title and specification be carefully prepared by one ex- 
perienced in such matters. 

This fact appears to have escaped the attention of 
many professed foreign patent agents. A circular now 



before the writer actually advises inventors only to send 
simple copies of their American patents, as being fully 
sufficient to protect their inventions abroad. 

Another circular, emanating from a firm of professed 
experience, publishes the extraordinary announcement 
that it will procure an English patent for fourteen years 
for three hundred dollars in gold, and this in spite of 
the notorious fact that the original cost of an English 
patent, including all fees, is from three hundred to four 
hundred dollars in currency, and that this payment is for 
three years only, there being on the third year of the 
patent's existence a tax of fifty pounds sterling, and on 
the termination of the seventh year, an additional Govern- 
ment tax of one hundred pounds sterling. 

It is time that inventors were cautioned, and warned 
to be careful of placing themselves at the tender mercy 
of wholesale patent companies with loud sounding titles, 
or of those who either desire to avoid the trouble, or are 
unable to perform the duty of preparing the papers in 
accordance with the requirements of foreign countries. 

There are patent agents who reside and have their 
headquarters in London, Paris, and other European cities, 
and who profess to have branch agencies in the United 
States. It is scarcely necessary to caution inventors 
of the danger of patronizing establishments, the respon- 
sible heads of which cannot be reached without a trip 
across the Atlantic. 

The proprietor of these offices is responsible for the 
accurate preparation of all papers, for the proper expen- 



8 

diture of all moneys, and for the acts of his corres- 
pondents abroad. 



The writer has no desire to arrogate to himself a 
superiority as regards integrity or attainments to other 
respectable agents engaged in the business of procuring 
foreign patents. 

He is content to rest his success in the past, and his 
claim to the future patronage of inventors, in this 
branch of his profession, upon advantages gained, as 
they only can be gained, by a practice as a Patent- 
Attorney abroad. 

He would suggest that in the course of such a prac- 
tice, he must necessarily have become familiar with the 
character and localities of foreign manufactures, and of 
the demands of foreign tastes and habits, and that he 
is, therefore, fully competent to give sound advice as to 
what may or may not be profitably patented abroad. Of 
this qualification, the importance is to be estimated 
from the fact that the domestic success or value of an 
invention is not always a trustworthy criterion from 
which to judge its probable success elsewhere, and that 
perhaps no greater injuries or losses have been sustained 
by American inventors than those occasioned by an in- 
discriminate and ill judged procuring of foreign patents. 
As an additional advantage arising from his practice 
abroad, the writer may be permitted to allude to that 
technical experience which enables him to prepare all 
necessary papers in this country, instead of permitting 



9 

foreign agents to exercise their own discretion and 
judgment in the matter. 

PREPARATION OF 

||AP£RS FOR ||OREIG'N ^ATENTS. 

The proprietor of these offices invariably gives his 
personal attention to the framing of specifications, and 
the preparation of other papers for foreign patents. 
Although a foreign specification is based upon that of 
the American patent, the wording and arrangement of 
the latter are generally discarded or modified, to meet 
the requirements of the country for which the speci- 
fication is intended, such modifications of and additions 
to the inventions patented in this country, being intro- 
duced as may be deemed to the inventor's interest. The 
inventor (who can always be furnished with a copy of 
his foreign specification) is thus aware at the outset, of 
the extent of his claims abroad, and is certain that his 
views are properly set forth. 

JjoREIGN ||gENTS. 

This establishment has, in the principal European cities, 
agents who have been selected not only as gentlemen of 
integrity and punctuality, but as occupying positions 
which enable them to give, at the proper time, publicity 
to the inventions intrusted to their care. 



10 



||aLE Or IfoREIGN ||ATENTS. 



It has been the invariable rule at these offices, and 
one which it is contended all Patent- Attorneys should 
strictly observe, not to speculate, or become pecuniarily 
interested in patent property, nor to undertake the sell- 
ing of rights, which is a business entirely apart from 
that of an agent for procuring them. All business of 
this class, as far as regards United States patents, will, 
as heretofore, be declined at these offices. 

With regard to foreign patents, the case is different, 
as the owners have seldom the opportunity of introducing 
them into the markets. The proprietor of this estab- 
lishment will consequently use his utmost endeavors to 
obtain for his clients an adequate return for their 
foreign patents through reliable agents abroad, at the 
same time declining to become pecuniarily interested in 
such patents. 

He is enabled to advance the interests of his clients by 
the publication of their inventions in many influential 
foreign journals, to the pages of which his communica- 
tions have access. 



lIpHARGES TOR ffOREIGN ||ATENTS. 

As all the papers for foreign patents, obtained through 
these offices, are completed in this country, and the usual 
payment of foreign agents, for revision and alteration 



11 

is thereby avoided, the charges are much more mode- 
rate than those made at other respectable establish- 
ments. They are, however, considered sufficient to give 
an ample return for the important duties performed. 

In consequence of the varying price of gold, and 
fluctuations in the rate of exchange, it has been deemed 
necessary to reorganize the estimates for foreign patents, 
in a manner which can be thoroughly understood. 

The pound sterling, as a prevalent standard -of 
value, has been adopted as the basis of all estimates, 
and whatever charges for foreign patents are made 
at these offices, it must be understood that one-third 
of the amount charged will be estimated at the 
value of five dollars per pound sterling, and the 
remaining two-thirds at whatever may be the rate 
per pound sterling when the money is paid. For 
instance: If the estimate for an English patent be 
sixty pounds, and the cost per pound, when the 
estimate is given, be six dollars and fifty cents, the 
sum to be paid will be as follows : 

£20 at $5 per £1 - - - $100 00 
M0 at $6.50 per XI - - 260 00 



£60. 



Total cost in U. S. currency, $360 00 

This system of estimating has been decided upon 
after careful consideration, and after correspon- 
dence with the agents who act for this establish- 
ment in foreign countries. When it is borne in 



12 

mind that, at other offices, the charges made arc 
payable in gold, it is believed that the above ar- 
rangement will recommend itself to the approval 
of inventors for its simplicity and fairness. Taxes 
on French, Belgian, and other patents, as well as 
fees for assignments and agreements, are payable 
in gold or its equivalent. 
The charges for foreign patents at these offices do not 
exceed those demanded from an inventor who applies 
personally to and seeks the aid of a leading practitioner 
in London or Paris. 



PRUDENTIAL STEPS IN 

IMPLYING FOR ffOREIGN ||ATENTS. 

When an inventor who has made a discovery or 
improvement of such value as to justify an expenditure 
of money, sufficient to protect it by patents in one or 
more foreign countries, he should take prompt steps, 
for it is unfortunately true, that many foreigners, 
especially from the continent of Europe, and the 
writer is sorry to say some few Americans also, are con- 
stantly on the watch for new inventions, which they 
appropriate without scruple, either carrying them to 
foreign countries, and securing them there by patents in 
their own names, or sending them to confederates as 
unscrupulous as themselves. 

To guard against the proceedings of these fellows, it 



13 

is well for an inventor, if he is fully satisfied, after care- 
ful examination, that his invention is new, to send his 
papers abroad prior to or at the same time as making 
application for a patent here. The most prudent course, 
however, is to first make the application in this country, 
and to wait until some action is taken on it by the 
officials of the United States Patent Office, whose duty 
it is to search foreign as well as domestic records, with 
the view of deciding the question of novelty. As soon 
as information is received that the official examination 
has resulted in favor of the applicant, he may then with 
safety proceed at once with his foreign applications. 
Should he, however, be unable to adopt this, the best 
course, his American patent can remain in the secret 
archives of the Patent Office for six months, during 
which he can take the necessary steps to protect his 
invention abroad. 

In conclusion, the writer directs the attention of in_ 
ventors to his lengthened practice in this city — a prac- 
tice extending over a term of more than ten years, and 
to the success which during that time has attended him 
in the prosecution of this branch of his profession. 

He has spared no pains or expense needed to increase 
his resources and facilities for the transaction of all 
business relating to foreign patents. He has recently 
imported many books and periodicals, forming a valuable 
library of reference, and furnishing a complete histori- 
cal review of the development of all the branches of art, 
science and industry, from the opening of the seventeenth 



14 

century to the present time. He has established a com- 
plete and reliable system of foreign correspondence, and 
has formed in his offices, at Forrest Place, a department 
especially devoted to this branch. These, with other 
reasons, he believes fully justify him in inviting, with 
increased confidence in his ability to do them justice, the 
patronage of those inventors who may desire to procure 
foreign patents. 

HENRY HOWSON. 

Philadelphia, October 1st, 18G6. 



ESTIMATES FOR, 

AND PARTICULARS RELATING TO, 

Jatfnts in lliffmttt femtirks* 



It should be distinctly understood that when an 
estimate is given, it includes both Government 
and agency fees, cost of preparing and engross- 
ing provisional andHnal specification, parchment 
drawings, tracings, correspondence and express 
charges, translations, and everything necessary 
to complete the several patents. 



TOI&T BROTAON MM ORgUIN©. 

British patents are granted for fourteen years to natives or foreign- 
ers, and since the act of 1852, extend to England, Ireland, Scotland, 
the Channel Islands, and the Isle of Man, but not to the colonies, 
which have separate patent laws. The following are considered 
proper subjects for British patents. 

First. — Vendible articles, the result of chemical or mechanical 
processes, such as medicines, felt, water proof cloth, &c. 

Second — Machines, or improvements in machines. 

Third. — Processes in some cases requiring, in others not requiring 
special machinery. 

Patents are granted to the first inventor or first introducer, the 
latter having all the privileges allowed to the inventor. "In other 
words, the administrators of the law always read the word inventor 
in the statute as embracing an importer." There have recently been 

15 



16 

attempts to so legislate on this subject as to compel a foreign appli- 
cant for a British patent to present satisfactory proofs that he is the 
bona fide inventor of the thing claimed before his application can be 
entertained. It is hoped that a practice which holds out induce- 
ments to unscrupulous men to appropriate the inventions of our 
ingenious citizens, and secure them in England, may be speedily 
abolished by salutary legislation. 

No model is required in applying for a British patent, but very 
complete duplicate drawings on parchment are demanded. Patents 
are granted either in the name of the applicant, or in that of an 
agent residing in England, as a communication from the applicant. 
If the former plan be adopted, the engrossed and stamped specifica- 
tion must be sent here to receive the applicant's signature. As con- 
siderable risk and delay is incurred in doing this, it is preferable to 
take the patent out in the name of a resident agent, who assigns it 
either to the applicant, or to those to whom the applicant may direct 
the transfer to be made. 

No such examination as is made in this country of the novelty of 
an invention is made in England, the patent being, with very rare 
exceptions, granted without question, and always without any guar- 
antee from the Government. The Attorney or Solicitor General of 
the Crown has, however, a right to except to cases which he con- 
siders unpatentable or objectionable. An interested party, too, may 
oppose the grant of a patent at a certain stage of the proceedings, 
and the opposition will be heard by the law officers of the Crown, 
who will award the patent to that applicant whom they may con- 
sider entitled to it. 

An applicant for a British patent through these offices, should 
furnish sketches or rough drawings of his invention, or a draughts- 
man will be sent to copy any machines, so that the necessary com- 
plete drawings may be made. These, with the specification, will be 
forwarded to England on receipt of the fees given below, or on re- 
ceipt of the first installment. In from five to six weeks after the 
papers are sent the certificate of provisional protection will be re- 
ceived here, and sent to the applicant, who in four months must 
give "notice to proceed." The second installment should consequently? 
in order that there may be no risk, be paid in three and a-half 
months after the first. 



17 

The patent will date from that of the provisional protection, and 
when the latter has been received, the invention is in a saleable 
condition. The proceedings at the British patent department, after 
the notice to proceed has been given, are somewhat tediou?, the 
sealed patent being rarely received in this country within five 
months after said notice. If the entire fees be paid at once, how- 
ever, instead of by installments, the patent can be delivered in 
much less time. The best plan is to pay the entire fees at once, so 
that instructions may be given to engross the complete specifica- 
tion immediately after the grant of provisional protection, instead 
of waiting three and a-half months before giving such instruction. 
The cost of procuring an English patent at these offices will 
vary according to the length of specification, extent of draw- 
ings, etc. One of the following sums will be given as an esti- 
mate : £54, £57, £63, £69. 

The fees are payable as follows. From £18 to £21, in ad- 
vance ; the balance in three and one-half months. 

Should an application for an English Patent made through these 
Offices be opposed, and the applicant desire to meet the opposition, 
additional fees will be demanded. 

As a proof of the rarity of opposition to applicants for English 
Patents, it may be stated that of one hundred applications made by 
the Proprietor of these offices, but two were rejected, one of them 
being opposed and abandoned, and the other being, it is believed, 
most unjustly objected to by the Attorney General, not for want 
of novelty, but on the ground that the alleged invention was not a 
proper subject for a patent. 

Occasionally most elaborate drawings are necessary to illustrate 
an invention, and the specification is very voluminous. In such 
cases, which rarely occur, the cost of an English patent may 
reach £69. 

The cost of an assignment of an English patent is from £5 to 
£6, 6s. 

At or before the expiration of the third year of the existence 
of a patent, additional fees, amounting to £50, are demanded by 
the Government, and at or before the expiration of the seventh 
year, £100. 



18 

The applicant for a British patent can always ascertain the pro- 
gress of his case, by examining the weekly list of patents published 
in the official journal of the Commissioner of Patents, or in the 
London Engineer, or the Practical Mechanic's Magazine, which jour- 
nals are open for inspection at these offices. 

Until within the last fifteen or twenty years patentees were 
treated with much illiberality in the English Courts, and although 
this injustice and severity has been relaxed, a patent is still subject 
to severe legal scrutiny, hence the necessity of exercising the greatest 
circumspection in preparing the specification, etc. 

It should be understood that the correction of a patent, by re- 
issue, is not permitted in England as in this country, the only cor- 
rection allowed being the striking out of parts by disclaimer. 



[Laws of July 5, 1844 an d Dec. 26, 1854-) 

To Whom and for what Granted. — Patents of invention, and 
certificates of addition are granted to natives, and to foreigners 
residing or represented in France, for discoveries or inventions in 
any branch of industry, excepting for pharmaceutical compositions 
or remedies, and schemes and combinations concerning finance. 

Examination. — There is no previous examination, nor any gov- 
ernment guarantee, regarding the novelty, or merit of a patented 
invention, and a patentee publicly describing himself as such, 
or mentioning his patent without adding the words S. g. d. G., 
il Sans Guaranlie du Gouvememenl" (without guarantee of the Gov- 
ernment) is subject to a fine. 

Duration. — Patents of invention are granted for the terms of 
five, ten, or fifteen years, at the option of the applicant, no after 
extension being allowed of the term chosen. For this reason, 
and as the division of the government tax into small annual 
installments, equalizes the first cost for all the terms, and enables 
the patentee to abandon his patent at any time by ceasing to pay 
the annual installments — application is generally made for the 
longest term. 



19 

Cost. — The cost of procuring a French patent at these 
Offices will in ordinary cases be, inclusive of first year's tax, 
either £15, £18, or £21, according to the extent of drawings, 
specifications, &c. 

Extraordinary cases, however, may occur, in which the in- 
tricacy of an invention, demanding unusually elaborate draw- 
ings and lengthy specifications and translations, will increase 
the cost of a French patent to £24. 
Patent Dub. — Within two months after forwarding from these 
Offices an application for French patent, the official certificate of 
deposit may be expected, and in four or five months the patent 
itself. 

Payment of Taxes. — To parties obtaining French patents through 
these offices, due notice will be given by letter of the dates when 
the yearly taxes (amounting with agency fees to £5) should be paid. 

Date. — A French patent dates from the lodging of the appli- 
cation. 

Operation. — A patented invention must be put into practice, 
within two years, under penalty of forfeiture of the patent. 

Forfeiture also attends the introduction into France of 
machines or objects of foreign manufacture, similar to those pro- 
tected by the French patent. From this rule are excepted foreign 
patentees to the extent of a first machine, considered in that case, 
a model, and authorized by the government. 

The power of inflicting the penalty of forfeiture rests with the 
civil courts, generally exercised only at the suit of outside parties. 

It may be here remarked that the courts are lenient in the exer- 
cise of this power of forfeiture, and especially in the case of failure 
to practice a patented invention within the allotted term of two 
years, are very ready to receive any respectable excuse. 

Assignments, total or partial, of French patents must be made 
by notarial act, after payment of the total government tax upon 
the whole duration remaining to the assigned patent, and no unregis- 
tered assignment is valid with regard to third parties. 

Certificates of Addition for improvements upon inventions 
already patented are granted to the original patentee or his legal 



20 

representatives only. The duration of these certificates is limited 
to that of the patent to which they are attached. 

For Improvements. — A patent of invention " for an improvement" 
upon an invention already patented, may be procured by the original 
patentee or his legal assigns, in place of obtaining a certificate of 
addition ; or may be obtained by strangers to the first patent, pro- 
vided they have the consent of the original inventor. 

As regards the manner of obtaining, cost, and duration, these 
patents are similar to original patents. 



BEUBD19ML 

[Royal Decrees of May 14, 1854, an d March 27, 1857.) 

To Whom and for what Granted. — Patents of invention, im- 
portation, and improvement are granted to natives or foreigners, 
residing or represented in Belgium, for any discovery or improve- 
ment applicable to industry or commerce. 

Examination. — The government makes no previous examination 
regarding, and in granting a patent does not guarantee, the novelty 
or merit of the invention. 

Duration. — Twenty years, the duration of patents upon inventions 
already patented abroad being limited to the term of such foreign 
patent. 

In accordance with the latter rule, mention is generally made, in 
applying for Belgian patents, of the existence and date of a French 
patent for the same invention. The contiguity of Belgium to France, 
and the close associations and manufacturing enterprise of the two 
countries, make the possession of a patent in the one very essential 
to the value and efficiency of a like privilege in the other, while for 
the same reasons, the two patents may, without any disadvantage, 
be limited to a_like term. 

Taxes. — As regards government tax, the same divisional system 
of payment, attended with the same advantage to patentees, exists 
as in France, with this difference, however, that the amount of the 
annual installments increase slightly each year. 



21 

Cost. — In ordinary cases, the cost of obtaining a Belgian 
patent at these Offices, will be (inclusive of the first year's tax) 
either £12, £15, or £18, according to the extent of specifica- 
tion, drawing, &c. 

Rare exceptional cases, however, such as already alluded 
to in treating of French patents, may increase the cost of a 
Belgian patent to £21. 

Payment op Taxes. — The annual taxes upon Belgian patents 
[including commissions) commence with £1, 16s. Od. for the second 
year, and increase eight shillings yearly thereafter. Written notice 
of the dates when these annual taxes should be paid will be given 
to those obtaining Belgian patents through these Offices. 

Patents Due. — Belgian patents are generally received together 
with French patents for the same inventions. 

Date. — The date of a Belgian patent is that oi the filing of the 
application. 

Operation. — The working of a patented invention must take 
place within one year after the working of the same invention 
abroad, and must not, without good reason, be discontinued during 
one entire year. 

Forfeiture. — Forfeiture of the patent is the strict penalty for 
non-compliance with this rule. The government, however, is lib eral 
in the matter, and will grant an additional year within which to 
put an invention into practice. 

Forfeiture of the patent also follows neglect to pay the annual 
tax within one month after it has fallen due. The patentee may, 
however, recover his privilege, by paying, within six months, a fine 
of eight shillings in addition to the tax. In default of such pay- 
ment the patent is irrevocably forfeited. 

Assignments of Belgian patents are attended with no other con- 
ditions than that they be effected by notarial act, and properly 
registered. 

Patents for Improvements upon patented inventions are granted 
gratuitously to the holder of the original patent, or upon paying 
the ordinary taxes to other persons having the consent of the 
original inventor. " Patents of improvement" are equivalent to 
French "certificates of addition." 



22 
ITOL^Q> 5 FGftAN@I 8 MM ©IL@!)M 

Although an English patent is generally more valuable than that 
of any other foreign country, it is generally advisable to procure 
French and Belgian patents at the same time, as the latter are 
comparatively cheap, and the three countries are so near each other 
that the negotiations for the sale of the three patents can be con- 
ducted at the same time without much extra trouble. Moreover an 
English patent is rendered more valuable by the protection in 
France and Belgium, as the English purchaser may desire to buy 
the latter patents in order to prevent competition in, and importation 
from, the neighboring countries. 

The following table gives the entire cost at these Offices of 
English, French and Belgian patents procured simultaneously, 
the estimates including agency and Government fees, drawings, 
translation, engrossing, correspondence, express charges and 
everything necessary to complete the three patents. 

Cost in currency, when exchange is $5.50 per £1, from 

$432 to $576 
do. do. $6 

do. do. $6.50 

do. do. $7 

do. do. $7.50 

do. do. $8 



AUSTRIA. 

(Imperial Decree of August 15, 1852.) 

To whom and for what granted. — Patents are granted to 
natives or to foreigners residing or represented in Austria, for 
discoveries, inventions, or improvements, having for their object 
new industrial products, or new means or method of production. 

Two or more inventions cannot be included in one patent, unless 
they refer to the same subject matter, as essential parts of it. 

Unpatentable. — Articles of food, drinks, and medicines. 



do. 


459 to 


612 


do. 


486 to 


648 


do. 


513 to 


684 


do. 


540 to 


720 


do. 


567 to 


750 



23 

Previous Examination extends in Austria to the regularity of 
application, and the legal patentability of the invention, but not 
to its novelty or utility, neither of these being guaranteed by the 
Government. No valid patent can be obtained excepting by an in- 
ventor or his legal representative. 

Duration. — Austrian patents are granted for fifteen, or any less 
number of years, patents for inventions already patented abroad, 
being limited to the unexpired term of the foreign patent, and 
being granted to the foreign patentee, or his legal representatives 
only. 

Taxes, how payable. — The Government Tax is payable in ad- 
vance for the whole number of years demanded. 

Prolongations. — Patents originally granted for any term less 
than fifteen years, may be alterwards prolonged, year by year, or 
by terms of years (until the whole number shall have reached fifteen) 
upon payment of the tax for the periods of prolongation. 

It is customary, to take advantage of this privilege, to apply in 
the first place, for a patent for one year, and thus secure at the 
smallest possible expense, a privilege which the holder may after- 
wards continue or abandon, as he may find desirable. 

Cost. — In ordinary cases, the cost of an Austrian patent, 
including Government Tax for one gear, will be from £24 to £30. 
Cost of Prolongation will be about £6 per year till the 
fifth year, for the sixth year, the cost will be about £7, after 
which it will increase 10 shillings annually until the tenth 
year, when it will be about £9, and from that time to the 
fifteenth year will increase £1 annually. 

It should be understood, however, that the length of the ori- 
ginal term, or of the prolongation of his patent, is entirely at 
the option of the applicant. For instance, as is a verg common 
practice, the original term applied for may be five years, in 
which case, the cost, including entire government taxes for 
that term, will be about £36. 
Patent due. — Within from five to seven months after application. 
Date. — An Austrian patent dates from the delivery of the deed 
in Austria. 

Operation. — One year is allowed by the law for putting a patented 



24 

invention into operation, but an extension of this period is readily 
allowed by the Government, to whom the actual putting into opera- 
tion should be certified. 

Assignments, total or partial, should be legally drawn and re- 
gistered, and if total, attached to the assigned patent. These are 
the only conditions to which transfers are subject. 

Improvements. — Improvements upon patented inventions must be 
protected by new patents. 

[Law of January 25, 1817.) 

To whom and for what granted. — Patents of invention, improve- 
ment or importation are granted to natives or to foreigners repre- 
sented in Holland. To persons not being inventors, patents of im- 
portation are granted, after declaration made of the name of the 
actual inventor. 

Duration.^ — Five, ten, or fifteen years, at the option of the ap- 
plicant, patents of importation, however, being limited in duration 
to that of the original foreign patent. 

Prolongation. — Patents for five or ten years may be prolonged, 
but such prolongations are obtained with difficulty. 

Taxes. — The Government Tax varies according to the term de- 
manded, and in the case of the two longer terras, according to the 
importance of the invention. This Tax is payable at the requisi- 
tion of the Government, usually in the course of the second year 
following the grant. 

Cost. — The cost of making application through these offices 
for a Dutch patent, will be about £21 (exclusive of Govern- 
ment fee). 

Payment op tax. — The Government Tax, (with commission) 

for a five years' patent, will be £15 ; for a ten years' patent, from 

£27 to £36 ; and for a fifteen years' patent from, £54 to £66. 

Patent due. — The receipt of the official certificate of the grant 

of a Dutch patent may be expected in from two to eight months 

after application. 



25 

Operation. — Patented inventions must be put into operation 
within two years, under penalty of forfeiture. 

Forfeiture. — The Dutch law invalidates a patent in case the 
patentee shall afterwards obtain a foreign patent for the same in- 
vention. This is a silly and easily evaded regulation. 

Assignments of patents are permitted by authorization of the 
King; they must be registered, and are subject to a Government 
Tax of about seven shillings. 

Improvements — Improvements upon patented inventions, if 
made by the original patentee, and he makes application before the 
delivery of his original patent, may be protected without additional 
cost by a "Patent of addition." 

Patents for Improvements upon patented inventions are granted 
to the original patentee, for the duration of, and under the same 
terms and conditions as, his original patent or for one of the terms 
of five, ten, or fifteen years. 

Patents of improvement may also be obtained by other parties, 
who cannot, however, make use of the principal invention during 
the term of the original patent. 

Dutch patents do not extend to the colonies of that country. 



©OT©H) WIST GNPOIS. 

To whom and for what granted. — Patents are granted for inven- 
tions or improvements made by citizens of Holland or its colonies, 
or by foreigners. 

Duration, either five, ten, or fifteen years, but patents of im- 
portation are restricted to the term of the original foreign patent. 

Taxes. — The taxes vary with the term, and with the importance 
of the invention, but if a patent has been obtained in Holland 
there is no tax beyond stamp duties. 

Operation, Forfeiture. — Patented inventions must be put into 
practice, and kept constantly on sale, at reasonable prices, within 
two years, under penalty of forfeiture, and the importation of the 
patented article, except from Holland or its colonies, is prohibited 
under the like penalty. 



26 

Assignments. — Assignments to be notified to the Governor- 
General. 

[Imperial Decree, June 17, 1812.) 

To whom and for what granted — Patents of invention or im- 
portation are granted to natives or foreigners for inventions in the 
arts or manufactures, after an examination is made as to the novelty 
and utility of the invention — neither of which, however, does the 
Government guarantee. If the application be found imperfect, it 
may be rectified by the applicant. 

Duration. — Patents for original inventions are granted for three, 
five, or ten years, at the option of the applicant ; but for imported 
inventions the longest duration is six years, or that of the foreign 
patent. 

Tax. — The Government Tax, which varies with the term demanded, 
is payable in advance, and in case a patent be refused, is returned, 
after deducting the expenses of stamp, conveyance, publication, etc. 
Cost. — The cost of a Russian patent of invention of 
three years will be ....... £54. 

five " " £75. 

ten " " £132. 

Cost of a six years patent of importation . • £111. 

Patent due. — The delivery of Russian patents is often long de- 
layed, and therefore, no set times can be given for their receipt. 

Date. — Patents date from the day of the grant. 

Operation. — A patented invention must be carried into effect 
within the first quarter of the duration of the patent, and the car- 
rying into effect must be certified by the local administration, 
and the place where it was so carried into effect, notified to the 
Department. 

Assignments. — Assignments must be made in the prescribed 
legal form, notified to the Department to which the patent belongs, 
and published. 

Forfeiture. — Russian patents are annulled upon proof that the 



27 

invention was not new in Russia ; that in the description, parts 
essential to carry out the invention were concealed or omitted, or 
that the invention has not been practiced within the prescribed 
time; and if upon petition, brought by the actual inventor, the 
patentee be proved to have represented the invention of another as 
his own. 

(Imperial Decree, Nov. 2, 1836.) 

To whom and for what grantbd. — Patents for inventions, dis- 
coveries or improvements are granted for three, five, or ten years ; 
or patents of importation for the term obtained abroad ; there is no 
previous examination, and consequently no guarantee. 

Tax. — The Government Tax, varying with the duration, is pay- 
able in advance. 

Applications must state whether the article to be patented is an 
original invention or an importation, and in cases of importation 
the article must be proved to be at the time patented abroad. 

Remaining regulations like those of Russia. 



{Jan. 31, 1864.) 

To whom and for what granted. — Patents of invention are 
granted to inventors, native or foreign, for any new industrial pro- 
duct or result, instrument, machine, or mechanical arrangement, 
process, or method of industrial production, motor or industrial 
application of known forces or technical application of a scientific 
principle to the production of direct and industrial results. 

Examination. — No previous examination, as regards novelty. 
Inventions relating to foods and drinks are examined as to their 
fitness to be patented. 

Unpatentable. — Medicines, or inventions merely theoretic. 

Duration. — Patents are granted for terms of from one to fifteen 



28 

years, at the option of the applicant ; but a patent for an invention 
already patented abroad expires with the foreign patent having 
the longest term, providing it be not more than fifteen years. Pa- 
tents demanded for a less term than fifteen years may be prolonged. 
Taxes. — The Government Taxes are divided into a fixed tax 
proportionate to, and payable in advance for, the number of years 
demanded, and an annual and triennially increasing tax, payable 
in advance, on the first day of each year of the patent's term. 

In addition to these there are small taxes, payable upon appli- 
cations for prolongation, or for certificates of addition or of reduc- 
tion (which see). 

In consideration of these regulations concerning taxes, and those 
concerning "operation," (which see), the term usually applied for 
in the first place is that of six years. 

Cost. — The ordinary cost of an Italian patent of six years, 
including entire proportional and first annual tax, £39. The 
annual tax (including commission) is for the 
first three years .... 
second " ..... 

third " .... 

fourth " ..... 

last " .... 

Tax on application for an extension of the 
original term (with commission) £3. " 

Patent due. — The patent is due in this country in from four to 
six months after forwarding the application. 

Date. — An Italian patent takes effect, with respect to other par- 
ties, from the date of application; but its duration commences from 
the last day of March, June, September, or December, which ever 
is nearest to the day when the application is made, and fractions of 
years are not accounted. 

Disclaimers. — Certificates of reduction, or disclaimers reducing 
a patent to one or more parts of the invention originally described, 
may be obtained by the patentee within the first six months of his 
patent, and upon payment of a small tax. 

Certificates of addition. — Certificates of addition may be 
obtained by a patentee or his assigns for any modifications made 



£3. 12s. 


per year 


£4. 12s. 


it 


£5. 12s. 


u 


£6. 12s. 


u 


£7.12s. 


u 



29 

by them in the original invention, such certificates being granted 
for the duration, and partaking of extensions of the original patent. 

Operation. — Patents for less than five years must be worked 
within the first year of the term — the working not to be interrupted 
for more than one year. Two years are allowed within which to 
commence operation, if the patent be for more than five years. 

Assignments. — Deeds of transfer or assignment must be regis- 
tered, and the transfer published in the Official Journal, and no un- 
registered assignment is valid as regards third parties. In case of 
partial transfer or assignment to several parties, the annual taxes 
upon the whole duration of the patent must be paid. 

Forfeiture. — Patents become void if the taxes be not paid 
within three months after they are due, or in default of operation 
within the specified time. 



The recent war in Germany has resulted in great territorial 
changes, many of the smaller German States having been absorbed 
by Prussia. What final disposition will be made of these conquered 
countries, as regards their local institutions and laws, it is impossible 
at the present writing to state. 

As it has frequently been the practice in Europe for a Govern- 
ment on annexing previously independent states, to permit the 
latter to retain many of their peculiar laws and customs, it has been, 
deemed proper to make mention of the various patent laws of the 
larger German States as the latter existed prior to the war, as also 
of the Convention of the Zollverein, by which the patent laws of 
all the States were, and it is presumed those of Prussia and Ba- 
varia still will be, very materially effected. 

Should any radical alteration be made in these laws, or should 
they be abolished, particulars will be given in a future edition of 
this book. 

The following are the principal States which form, or rather 
formed, the ''Zollverein:" — 

Kingdoms of Prussia, Bavaria, Saxony, Hanover and Wurtem- 



30 

berg; in addition to these there were several Grand Duchies, an 
Electorate, Duchies, Principalities, a Landgraviate and a Free City. 

By Convention, dated Sept. 21, 1842, between the twenty-five 
German States forming the " Zollverein," the following principles 
were agreed upon for regulating the grant of patents in those States. 
The terms of this Convention override where they are inconsistent 
with the particular laws, of the respective States, and it is import- 
ant to remember this fact, as it materially affects the laws of Prus- 
sia, Bavaria, Hanover, Saxony and Wurtemberg. 

In Baden, and the other States of the Union, having no particular 
patent laws of their own, patents are granted entirely in accordance 
with the terms of this Convention, of which the most important are 
as follows : 

Patents shall only be granted for inventions really new and 
original, and not in any way known within the Union, each State to 
decide for it self the question of novelty and originality. 

An invention patented in one of the States of the Union can be 
patented in another State only by the original inventor or his 
assignee. 

Improvements, real and original, upon patented inventions may 
receive patents, subject to the rights of the original patentee. 

Patents shall not entitle the holders to forbid the importation, or 
the sale, or exportation of articles similar to those patented, nor 
to forbid the use of imported articles, excepting in the cases of machines 
or tools for industrial purposes, and not general articles of trade, 
destined for the public at large; but each Government may grant an 
exclusive right of making and working, within its own dominions, any 
particular article, or any new process, or machine, or instrument of 
manufacture, so that the patentee may forbid the use, unless with 
his consent, of the patented object or process. 

If an invention for which a patent has been granted, be after- 
wards found not to have been new at the time of the grant, the 
patent may be annulled ; but if it were within the private knowledge 
of a few persons only, the patent shall still be valid as regards all 
other than those persons. 

Equal protection is to be granted to the subjects of the different 



31 

States, but the grant of a patent in one State is not to interfere with 
the right of refusal in another. 

Patents granted to be published in the official papers of the States 
granting them, and complete lists to be interchanged annually be- 
tween the States. 

PEtMSflA. 

(Oct. 14j 1815, and Z ollver ein Regulations of Sept., 1843.) 

To whom and for what grantbd. — Patents of invention, improve- 
ment or importation are granted to Prussians, or to foreigners 
represented by Prussians. 

Previous Examination. — Inventions are subjected in Prussia to 
a most rigid examination as to novelty, and if they be improve- 
ments upon prior inventions, as to the reality and utility of the im- 
provement, and a patent maybe refused, or maybe granted for certain 
parts only of the invention. 

Effect. — The patentee of a process of manufacture cannot pro- 
hibit the importation of any articles, whether made by the patented 
process or not, but the patentee of a machine or mechanical con- 
trivance may prohibit its use by other persons, whether it shall have 
been made within the country or abroad. 

Unpatentable. — The mere application of a known process or ap- 
paratus, to some other purposes than those to which it has hitherto 
been applied. 

Duration of a Prussian patent, at the least six months, at the 
most, fifteen years, is fixed by the Government. The term usually 
assigned is five years, and no extensions are allowed. 

Tax. — The Government Tax is confined to fees for sealing and 
registration. 

Cost. — In ordinary cases, the entire cost of obtaining a five 
years Prussian patent, through these Offices, will be about £27. 

Patent due. — The patent, if granted, may be expected in from 
four to seven months after application. 

Operation. — Six months are allowed by law within which to put 
a patented invention into operation, longer delays being however 



32 

allowed by Government. The putting into operation must be 
officially attested. Forfeiture of the patent may, at the pleasure of 
the Government, be the penalty for non-compliance with these regu- 
lations, as also for interruption of the operation continuing during 
one year. 

Assignments of Prussian patents may be made to Prussian citi- 
zens. They must be effected before a Notary and certified to the 
Government. 

BAVAGMA. 

[Laws of Sep. 11, 1825, and Dec. 17, 1853, and Zollverein Regulations, 

Sept. 1843.) 

To whom and for what granted — Patents of invention, improve- 
ment and importation, are granted to natives and to foreigners re- 
siding or represented in Bavaria, for discoveries, inventions, or im- 
provements in arts and trades, whether concerning a new article, a 
new means, or new process of manufacturing. 

Previous examination extends to novelty and utility, although 
neither are guaranteed by the Government. 

Duration, Prolongation, Taxes. — As regards duration and pro- 
longation of patents and the payment of taxes, the Bavarian 
resembles the Austrian Patent Law. 

Application is usually made for a two years' patent in the first 
place, although of course the term is at the option of the applicant. 
Cost. — In ordinary cases the cost of a Bavarian patent, in- 
cluding Government Tax for two years, will be about £33. 

Extension will cost (with commission) about £5, for the third 
year, after which there will be an increase in cost of 16 shil- 
lings, annually, until the seventh year ; from the seventh to the 
tenth, of £1 12s., annually ; and from the tenth to the fifteenth 
year the annual increase of cost will be £2. 
Date. — A Bavarian patent dates from its grant. 
Operation — Forfeiture. — An invention, secured by patent of 
invention, for over six years, must be worked within three years, 
or in case of patents of less than six years, one half the term.of the 



33 



patent ; if by patent of importation, within one year, such working 
to be certified to the Government, and not to cease for two consecu- 
tive years under penalty of forfeiture of the patent. 

Assignment. — Assignments total, but not partial, of a patentee's 
rights, are permitted, such assignments being duly registered. 



[Law of April 5, 1850, and Zollverein Regulations of Sept., 184'^.) 

To Whom and for what granted. — Patents of invention, im- 
provement, and importation are granted to natives and foreigners. 
Foreigners, however, can obtain patents only for inventions intended 
to be carried out within the kingdom. 

Previous Examination is instituted into the novelty of an inven- 
tion, which, however, is not guaranteed by the government. 

Duration of an Hanoverian patent is either five or ten years, at 
the will of the government, which usually assigns the shorter term. 

Prolongation. — Tf application be made one year previously to 
the expiration of a five years' patent, it may be extended to the term 
of ten years, subject, however, to the rule that patents for imported 
inventions, patented abroad, cannot exceed the term of the foreign 
patent. 

Tax. — The government tax is uncertain. 

Patent Due. — A patent, if granted, should be received here in 
from three to nine months after application. 

Date. — A patent dates from its grant. 

Operation. — Patented inventions should be worked within six 
months, and the working should not be interrupted during six 
months, but extensions of time are liberally granted. 

Assignments may be freely made, and are subject to no prescribed 
formalities. 

Patents for Improvements upon patented inventions must not 
interfere with the rights of the original inventor. 

*Note. — Since this clause has been in print, Hanover has become a portion of the 
Kingdom of Prussia. 



34 
8AX<MY. 

[Law of Jan. 20, 1853, and Zollverein Regulations of Sept., 1843.) 

To whom and for what granted. — Patents of invention, im- 
provement, and importation are granted to natives or foreigners ? 
residing or represented in Saxony. 

Duration. — The duration of a patent is either five or ten years? 
at the will of the government ; in the case of a patent of importation 
always five. 

Prolongation. — Extensions are allowed (excepting of patents 
of importation) if applied for a month before the expiration of the 
short term. 

Cost. — Tn ordinary cases a Saxon patent will cost £33. 

Patent Due. — Patents are generally received in from four to 
eight months after application. 

Date. — A Saxon patent dates from its delivery. 

Operation. — One year is allowed within which to work a patented 
invention ; but an additional year is granted, on application made 
at least one month before the expiration of the first year. 

Assignments are not regulated by any special law. 

wwtrreniseitG. 

{Aug. 5, 1836.) 

To whom and for what granted. — Patents (of invention or im- 
portation) are granted for new articles, new machines, or new pro- 
cesses of manufacture. 

Duration. — Ten years at most, or for shorter terms, which may 
afterwards be prolonged. 

Tax. — The government tax is divided into small annual install- 
ments, the first being payable on the delivery of the patent. 

Cost. — The ordinary cost of a Wurtemberg patent for three 
years, government tax included, will be about £33. 

Patent Due. — Patents are generally received in this country in 
from three to six months after application. 

Date. — A Wurtemberg patent dates from its delivery. 



35 

Operation. — A patented invention must be worked within two 
years, and the working must not be interrupted during that length 
of time. 

Assignments — Assignments not regulated by any special law. 



Has no other law upon the subject of patents than the provisions 
of the Zollverein Convention of Sept. 21, 1842, to which it was a 
party. (See Zollverein, p. 29). 

SWi®IN &TO NORWAY 

Have distinct patents and patent regulations. 

§WI©I!5* 

[Royal Ordinance of August 19, 1856.) 

To whom and for what granted. — Patents are granted to in- 
ventors, native or foreign, for new inventions, or new improvements 
upon old inventions, relative to industry or the arts. 

Previous Examination as to the character of the invention, but none 
as to novelt} r or utility, which are not guaranteed. 

Unpatentable. — Medicines and mere unapplied principles. 

Attorneys. — A foreign patentee must have a Swedish represen- 
tative, usually the resident attorney employed. 

Duration. — The duration of a Swedish patent is three years at 
the least, and at the most fifteen, according to the nature and im- 
portance of the invention ; but a Swedish patent cannot extend 
beyond a prior foreign patent for the same invention. 

Tax. — The government tax consists merely of administrative fees, 
and the cost of publishing the patent in an official journal, this 
publication being compulsory upon the patentee. 

Cost. — A Swedish patent procured through these Offices, 
will usually cost £42. 



36 

Date. — A Swedish patent takes date from the official publication 
of the grant. 

Operation 1 . — A patentee must, within two years (reducible by the 
Chamber of Commerce to one, and extendible to four years) furnish 
proof that he is in full practice of his patented invention, and proof 
must be furnished annually of the continuance of this practice. 

Assignments may be effected by permission of the Chamber of 
Commerce ; non-resident assignees to have resident representatives. 

Forfeiture. — Patents become void, if the regulations regarding 
practice of the invention be neglected, or if annulled by the courts 
upon due proof that the invention, when patented, was old, or had 
been already patented within the kingdom, that the description was 
false, or imperfect, or that the patentee was not the inventor. 

NORWAY. 

{July 19, 1839.) 

To whom and for what granted. — Patents are granted to in- 
ventors, native or foreign, for inventions absolutely new, useful, 
and of importance. 

Previous Examination. — Applications are submitted to a strict 
examination, and often refused, without giving the reasons for re- 
fusal. 

Duration. — The duration of a Norwegian patent varies from five 
to ten years, at the will of the government. 

Operation — Two years are allowed, within which to practice a 
patented invention. 

In other respects, the Norwegian do not differ from the Swedish 
regulations concerning patents, and the cost is the same in both 
countries. 

dknmiaeik 

HAS NO SPECIAL PATENT LAW. 

Patents, however, are granted to inventors, and first importers, 
native or foreign, after a slight examination. 



< 



37 

Duration. — The duration of a patent is fixed by the Government, 
and cannot, in any case, exceed twenty years, while for patents of 
importation, it is confined to five. Prolongations are seldom 
granted. 

Tax. — The Government Tax is payable in advance, and for an 
application in the name of more than one person is doubled. In 
addition to the regular tax, various stamp duties are to be paid. 

Cost — The ordinary cost of a Danish patent obtained 
through these Offices is £42. 

Date. — A Danish patent dates from the reception of the appli- 
cation. 

Operation. — The working of a patented invention must com- 
mence within the first year of the patent, and continue without 
interruption under penalty of forfeiting the privilege. 

Effect. — Danish patents do not prevent the introduction into 
Denmark of objects manufactured abroad, similar to those patented, 
and they become void if the invention be not new, or be not worked 
within the specified time. 

Assignments. — Assignments are not allowed, but transfers may 
be effected by a joint petition, addressed to the Government by the 
assignor and assignee, requesting that a new patent may be deli- 
vered to the latter. 

Improvements. — Improvements must be secured by new patents. 



(Royal Decree and Instructions, March 27, 1826, June 14, and Dec. 23, 
1829, and Jan. 11, and July 16, I849.) 

TO WHOM AND FOR WHAT GRANTED. PREVIOUS EXAMINATION. Pa- 
tents of invention or of introduction are granted to natives or 
foreigners, without any examination by, or guarantee of the Gov- 
ernment. 

Duration. — The terms granted are five, ten, or fifteen years, at 
the option of the applicant, excepting the invention has been 
practiced abroad, in which case a patent of introduction only, for 
five years, can be obtained. 



38 

Prolongation. — Patents for fire rears (if for original inventions) 
may be prolonged for fire more, but patents for ten or fifteen rears 
mar not be extended. 

Tax. — The Gorernment Tax is parable in adrance for the term 
demanded. 

Cost. — The cost of a Spanish patent of inrention for 
fire rears "will be about ...... £48. 

ten ' ; " 69. 

fifteen- •• 105 

for a patent of introduction the cost is about the same as for 
a ten rears patent of inrention. 
Date. — A Spanish patent dates from the grant. 
Operation — Forfeiture. — A patentee must carry his inrention into 
effect within a rear and a day after the date of the patent, and must 
not cease to work it for a like space of time, otherwise the patent will 
become void, as it also "will if the inrention has been preriouslr 
known abroad, and the patent be for an original inrention, instead 
of a patent of introduction. 

Assignments must be by deed, stating specifically their extent, and 
a copy of the deed must be delirered to the Gorernment. within a 
month from the date of the assignment. 

IiiPRorEMEXTS must be protected by new patents. 

Spanish patents do not extend to the colonies of that country. 



To whom and for what granted. — Patents are granted for ob- 
jects of the patentees own inrention. as well as for importations 
from other countries. 

Duration — Prolongation. — In the first case they are granted for 
fire, ten. or fifteen years, at the option of the applicant, and if 
granted for fire years, may be extended to ten: but for importations 
they are granted for fire years only, without privilege of extensions. 

Tax. — The Gorernment Tax raries according to the term, and 
for patents of importation is the same as for ten years patent of 
inrention. 



39 

Cost. — The cost of a Cuban patent of invention for 
five years will be ....... £ 

ten " " ...... 

fifteen ; ' " 

Operation. — Patented inventions must be worked within a stipu- 
lated time, and operation must continue for a year and a day with- 
out interruption, under penalty of forfeiting the patent. 

(Royal Decree, Dec. 31, 1852.) 

To WHOM AND FOR WHAT GRANTED PREVIOUS EXAMINATION. Pa- 
tents of invention or of introduction are granted to natives or for- 
eigners, without previous examinations or guarantee of the priority 
or merit of the invention. 

Duration. — Patents of invention are granted for fifteen years, or 
for a less term, at the option of the applicant, no subsequent pro- 
longation being granted. To inventors already having foreign pa- 
tents, no longer term will be granted than will make up fifteen 
years, from the date of the foreign patent, and the importer of an 
invention, (not being himself the inventor,) cannot obtain a patent 
for more than five years. 

Tax — Government Tax is payable in advance, for the number of 
years demanded for a patent. 

A Portugese patent will cost for five years . . £36. 
" " " ten " . . 66. 

: ' » " fifteen- . . 98. 

Date. — The patentee's privilege commences from the delivery of 
the patent. 

Forfeiture — Operation. — The patent becomes void if the inven- 
tion be not practiced within the first half of the term granted, and 
patentees are required to publicly expose their manufacture in 
operation, twice a month, three days previous notice having been 
given in the official journal. 

Assignments. — Assignments are to be notified to the Minister of 
the Interior. 



40 

Improvements. — Improvements made upon a patented invention, 
by the patentee himself, may be gratuitously protected by means of 
a Certificate of Addition. 



Of British Guiana, Canada, Cape of Good Hope, Ceylon, India, Ja- 
maica, Newfoundland, New South Wales, New Zealand, Queensland, 
Tasmania, Trinidad, and Victoria, (Australia), grant patents under 
their own laws, which extend the privilege of obtaining them to 
foreigners, except in the case of Canada, where the patent law ex- 
tends the right of patenting only to British subjects resident in 
Canada for inventions or discoveries of their own, or introduced by 
them from foreign countries, the United States of America, and the 
Queen's dominions in Europe and America, especially excepted. 
There is reason for hoping that this illiberal law will shortly be 
replaced by one of a fairer character. 

Victoria (Australia) Patents are regulated by a law of March, 1857, 
the proceedings under which are very like those for obtaining British 
patents. 

The duration is fourteen years or the term of a foreign patent 
for the same invention. 

The first cost of a Victorian patent will vary from £40 to 
£60. A Government Tax of £15 is payable before the expira- 
tion of the third year, and a further tax of £20 before the ex- 
piration of the seventh year. 



ONEIDA. 

Patents are here granted to inventors, or their personal represen- 
tatives or assignees for new and useful improvements in any art, 
process, or manner of producing, preparing, or making an article, 
or in any article prepared or produced by manufacture. 



41 



An invention is considered new, if at the time of application it 
has not been publicly used, or publicly known by means of written 
or printed publications in any part of India, or of the United King- 
dom ; but any inventor who has obtained letters patent in the 
United Kingdom, may, on making application within six months 
after filing his complete English specification, obtain protection in 
India. 

The mere filing of the applicant's specification confers upon him 
the rights of a patentee for fourteen years, leave for such filing 
having been previously obtained from the Government. 
The ordinary cost of an Indian patent will be £50. 



Patents are here regulated by a system very much resembling 
that of Great Britain. 

Cost about £40, subject to a tax of about £10, at the 
end of the third, and of £20 at the end of the seventh 
year. 



@TOTO ©ElfiTRSH) Q@L@«! 



Co 



st of patent in Jamaica 


about £45 


1 " Newfoundland 


" 40 


' " New South Wales . 


" 60 


" New Zealand . 


" 60 


' " Queensland 


" 00 


' " Tasmania 


" 40 


' u Trinidad 


" 65 


' " British Guinea 


" 40 


" " Ceylon 


45 


mmm@)* 





To whom and for what granted. — Patents are granted to natives 
or foreigners for inventions or improvements. 



42 

Duration. — The duration is, in the case of an invention, ten years, 
in that of an improvement, six years. 

Tax and Cost. — The patent fees vary considerably, so that no 
estimate of cost can be aiven. 



STATES OF SO JITS AMEBIC A. 

To whom and for what granted. — Patents are granted without 
previous examination or guarantee, to natives or foreigners, for any 
invention or improvement. 

Patents of invention only are granted, but the importer of a foreign 
discovery is entitled to a premium, the value of which depends 
upon that of the discovery. 

Duration. — The duration of a patent is fixed by the Government; 
and varies from five to twenty years. 

Tax. — There is no Government Tax upon patents, but expenses 
for the great seal, and other administrative formalities must be paid. 
Cost, about £60. 

Operation. — A patented invention must be worked within two 
years, dating from the delivery of the patent. 

Assignments. — There is no special law to regulate assignments. 

Forfeiture. — Patents become void, if not worked within the 
specified time, if the patentee aftemvards obtain a foreign patent for the 
same invention, or if the invention be proved to be old. 

To whom and for what granted. — Patents are granted in these 
states for inventions, original or imported, to natives, or to foreign- 
ers, upon condition that they initiate a certain number of natives in 
the operation of the discovery or invention. 

Duration. — The Governments fix the duration of patents, the 
term being at least twenty-five years. 



43 



Operation. — The operation of patented inventions must take 
place with the least possible delay, the importation of the patented 
object being deemed operation. 

Cost. — The cost of each of these patents, is about the same as 
for a Brazilian patent. 

AEM3INTGN1 <B@WFI©IGIATI)@M. 

(Law of October 15, 1855.) 

To whom and for what granted — Patents are granted, without 
previous examination or any guarantee, to inventors or first im- 
porters. 

Absolute novelty within the republic is requisite, and medicines, 
and merely theoretic inventions are not patentable. 

Duration. — The duration, at most ten years, is only five for im- 
portations or improvements. 

Date — Operation. — A patent dates from the filing of the appli- 
cation, must be worked within the first year, and is somewhat 
costly. 

(Law of May 25, 1845.) 

To whom and for what granted. — To non-residents, patents of 
introduction only, are granted, for inventions made or patented 
abroad. 

Duration. — Such patents expire six months after the foreign 
patent. 

Tax. — There is no regular tax, but there are variable administra- 
ive expenses . 

Operation. — Two years are allowed for operation. 

Forfeiture. — A patentee forfeits his patent, if he afterwards ob- 
tain one abroad, without permission of the Government. 

Should more minute particulars than those given above 
be required, they can be obtained on application to the 
Proprietor of these Offices, or to the Clerk, who has special 
charge of the Foreign Department. 



CEKTIFICATES. 



Burlington, Towa, ) 
October, 2d, 1857. j 

Dear Sir : — I take this occasion to state to you, that for several 
years past I have been acquainted "with the manner in which you 
have conducted your business as Patent Solicitor. This has always 
been highly creditable to yourself and satisfactory to the Patent 
Office. You understood your cases well, and presented them in that 
intelligible form which generally insured success. I forward this 
certificate, hoping that it may be serviceable to you in continuing 
to find that employment in your profession, to which your intelli- 
gence, industry and courteous bearing so justly entitle you. 

Yours, very truly, 

CHARLES MASON, 

Late Commissioner of Patents. 
Henry Howson, Esq. 



National Association of "Wool Manufacturers, 
55 Summer St., Boston, Mass., Oct. 6, 1365. 

My Dear Sir : — It gives me great pleasure to give my testimony as 
to the manner in which you conducted your business, as a Solicitor 
of Patents, during the four years that I was Chief Clerk and Execu- 
tive Officer of the U. S. Patent Office, and for a considerable period 
Acting Commissioner. 

During that time your business at the Patent Office was surpassed 
in extent by but one firm in New York. The papers presented by 
you, specifications, drawings, correspondence, &c, were invariably 
models of neatness, accuracy, and legal precision. They were 
frequently pointed out to younger solicitors as among the best 
examples and precedents for practice in the office. Your intercourse 
with the office was so conducted that all the rights of your clients 

44 



45 

were secured without personal controversy. With the best oppor- 
tunities for judging, I do not hesitate to say that your thorough 
knowledge of mechanics and patent law places you in the first rank 
of the Solicitors of Patents of the United States. 
Very truly, yours, 

JOHN L. HAYES, 
Late Chief Clerk and Executive Officer 
H. Howson, Esq., U. S. Patent Office. 

Philadelphia, Pa. 



"Washington, D. C, \ 

Nov. 20th, 1865. J 
I fully and cheerfully endorse the statement made by Mr. Hayes 
in the above letter, and commend Mr. Howson to the patronage of 
the inventors of the Country. 

D. P. HOLLOW AY, 
Late Commissioner of Patents. 



EEFEEE^OES. 



THEODORE CUYLER, Esq., Attorney -at-Law, Philadelphia. 

FURMAN SHEPPARD, Esq., Attorney -at- Law, Philadelphia. 

DAVID PAUL BROWN, Esq., Attorney -at-Law, Philadelphia. 

W. H. RAWLE, Esq., Attorney -at-Law , Philadelphia. 

F. C. BREWSTER, Esq., Attorney -at-Law, Philadelphia. 

J. C. TRAUTWLNE, Esq., C. E., Philadelphia. 

J. W. MURPHY, Esq., 0. E., Philadelphia. 

F. C. LOWTHORP, Esq., C. E., Trenton, iV. J. ■ 

J. F. WARD, Esq., O. E., Phillipsburg, N. J. 

Prof. J. F. FRAZER, Philadelphia. 

Prof. R. E. ROGERS, Philadelphia. 

Prof. B. H. RAND, Philadelphia. 

Prof. W. W. W. WOOD, Chief Engineer, U. S. N., Annanolis, Md. 

S. ARCHIBALD, Esq,, late Engineer-in- Chief, U. S. iV., Chester, Pa. 

Messrs. ABBOTT & NOBLE, Liberty Stove Works, Philadelphia. 

STUART & PETERSON, Willow Street Foundry, Philada. 

SEYFERT, McMANUS & CO., Lron Works, Reading, Pa. 

CARR & CO., Umbrella Works, Philadelphia. 

MORGAN & ORR, Engineers, Philadelphia. 

COX, WHITEMAN & COX, Stove Works, Philadelphia. 

BEMENT & DOUGHERTY, Lndustrial Works, Philadelphia. 
BORDENTOWN MACHINE CO., Bordentown, N. J. 
HENRY WOOD, Esq., Superintendent of Media R. R. Co. 
Messrs. PAS CH ALL MORRIS & CO., Agricultural Works, Philada. 
" MURPHY & ALLISON, Car Works, Philadelphia. 
" HARTELL & LETCH WORTH, Glass Warehouse, Philada. 
" GRINNELL & SON\ Jewelry Manuf'rs, iV. Y. $ Jersey City. 
" C. A. VAN KIRK & CO., Lamps, J-c, Frankford. 
BORIE & MACKIE, Frankford. 
LOCK WOOD MFG CO., Philadelphia. 
HAY & CO., Glass Manufacturers, Winsloiv, JY. J. 
SHARPS' RIFLE CO., Hartford, Conn. 
Messrs. MERRICK & SONS, Philadelphia. 

" STILEMAN & ELLIS, Foundry, Philadelphia. 
" MISKEY, MERRILL & THACKARA, Gas Fixtures, Phila. 
THE DAVIS CAR SPRING CO., Philadelphia. 
THE UNION PAPER BAG MACHINE CO., Bethlehem, Pa. 

46 



47 

THE JOSLYN FIRE-ARMS CO., Stonington, Conn. 

Messrs. FIRTH & INGHAM, Warren Foundry, near Easlon. 

WM. WHARTON, Jr., Esq., Philadelphia and New York. 

J. L. McKNIGHT, Esq., Bordentown, N. J. 

W. F. WARBURTON, Esq., Hatter, Philadelphia. 

C. SHARPS, Esq., Fire-Arm Factory, Philadelphia. 

A. B. DAVIS, Esq., Scale Works, Philadelphia. 

H. DISSTON, Esq., Keystone Saw Works. 

M. LANDENBERGER, Esq., Knitted Fabrics, Philadelphia. 

H. MAULL, Esq., Lumber Merchant, Philadelphia. 

N. MIDDLETON, Esq., Iron Merchant, Philadelphia. 

A. B. COOLEY, Esq., Contractor, Philadelphia. 
J. L. POTT, Esq., Engineer, #c, Pottsville. 

J. MILHOLLAND, Esq., Reading Rail Road, Reading. 
G. C. HOWARD, Esq., Machinist, Philadelphia. 
WM. HAMILTON, Esq., Actuary, Franklin Institute. 
JOHN AGNEW, Esq., Engineer, $c, Philadelphia. 
S. COMFORT, Jr., Esq., Morrisville, Pa. 
T. DOLAN, Esq , Knitted Fabrics, Philadelphia. 
S. NEEDHAM, Esq., Knitted Fabrics, Frankford. 
Messrs. ISAAC A. SHEPPARD & CO., Stove Works, Philadelphia. 
" THE BUTTON HOLE SEWING MACHINE CO., Philada. 
WILLOUGHBY H. REED, Esq., New York. 
R. S. VAN RENSSELAER, Esq., Bordentoivn, New Jersey. 
ALFRED THOMPSON, Esq., Bordentown, New Jersey. 
J. MOLYNEUX, Esq., Bordentown, New Jersey. 
WM. ADAMSON, Esq., Philadelphia. 
ABRAHAM HART, Esq., Philadelphia. 
DONALD McKAY, Esq., Ship Builder, Boston, Mass. 

B. H. BARTOL, Esq., Engineer, §c, Philadelphia. 
ALLEN MIDDLETON, Jr., Esq., Philadelphia. 
HERMAN J. LOMBAERT, Esq., Philadephia. 

E. LANE, Esq., Carriage Builder, Philadelphia. 

B. C. SMITH, Esq.. Burlington, New Jersey. 

Messrs. SMITH & BROWN, Stove Pattern Makers, Philadelphia. 

THE PEOPLE'S WORKS, Philadelphia. 
J. C. SCHLOUGH, Esq , Easton, Pennsylvania. 
A. WOLLE, Esq., Bethlehem, Pennsylvania. 
Messrs. BOYER & BRO., Philadelphia. 

" EMLEN, PASSMORE & GRAHAM, Phdadelphia. 
J. H. COOPER, Esq., People's Works, Philadelphia. 
J. COX, M. D., Philadelphia. . 

C. M. CRESSON, C. E., Philadelphia. 
J. RICE, Esq., Philadelphia. 

Hon. J. W. FORNEY, Philadelphia. 

H. G. LEISENRING, Esq., Philadelphia. 



48 



T. M. COLEMAN, Esq., Philadelphia. 

Messrs, HANDY & RRENNER, Philadelphia. 

W. P. WALTER, Esq., Philadelphia. 

J. G. KERSHAW, Esq., Attorney -at-Law, Philadelphia. 

Messrs. LUCAS & CO., Philadelphia. 

ISAAC REHN, Esq., Philadelphia. 

Messrs. J. S. MASON & CO., Philadelphia. 

H. BELFIELD, Esq., Philadelphia. 

A. RANKIN, Esq., Philadelphia. 
J. 0. MEAD, Esq., Philadelphia. 
Messrs. BARKER BROS., Philadelphia. 
FRANKLIN PEALE, Esq., Philadelphia. 
J. TUCKER, Esq., Philadelphia. 

J. E. WOOTTEN, Esq., Reading, Pa. 

G. S. LOVELL, Esq., Philadelphia. 

J. P. LAIRD, Esq., Altoona, Pennsylvania. 

B. H. LIGHTFOOT, Esq., Philadelphia. 
T. A. NIXON, Esq., Manayunk. 
MARTIN NIXON, Esq., Manayunk. 

T. MORRIS PEROT, Esq., Phdadelphia. 

Messrs. FURBUSH & GAGE, Camden, New Jersey. 

H. W. HENSEL, Esq., Philadelphia. 

H. C. BEACH, Esq., Rome, New York. 

G. P. FARMER, Esq., Philadelphia. 

LAWRENCE MYERS, Esq., Philadelphia. 

Messrs. WOOD & PEROT, Philadelphia. 

" THE ANTI-INCRUSTATION CO., Philadelphia. 

THE AUTOMATIC BOILER FEEDER CO., Philadelphia. 






